Russell W. Coulton - Page 10

                                        -10-                                          
               Petitioner argues on brief that his reliance on materials              
          (the tax protester materials) and seminars provided by Irwin                
          Schiff (Mr. Schiff), constitutes reasonable cause for his failure           
          to file a tax return.  Further, he asserts that, because he                 
          relied on the tax protester materials, he did not willfully                 
          neglect to file a proper tax return.  The tax protester                     
          materials, according to petitioner, misled him into believing               
          that a return was not required.  Petitioner also asserts that he            
          relied on the Ninth Circuit’s decision in Long and believed that            
          his 1040 document was a valid tax return.                                   
               We reject petitioner’s arguments.  First, petitioner did not           
          testify at trial and did not introduce any evidence regarding his           
          alleged reliance on the tax protester materials.  Petitioner                
          first asserted that he relied on the tax protester materials in             
          his posttrial brief.  Statements in briefs do not constitute                
          evidence.  See Rule 143(b); Shepherd v. Commissioner, 115 T.C.              
          376, 399 n.22 (2000), affd. 283 F.3d 1258 (11th Cir. 2002).                 
               Petitioner also asserts that he relied on Long and that his            
          reliance constitutes reasonable cause to believe that the 1040              
          document qualified as a return.  Although petitioner cited Long             
          in the attachment to his 1040 document, petitioner did not cite             
          Long in his petition, his amended petition, or in his pretrial              
          memorandum.  Nor did he testify or introduce other evidence at              
          trial concerning his alleged reliance on that case.                         








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